The Sacred Bond: Unraveling the Mystery of the Attorney-Client Privilege

The attorney-client privilege is the big topic right now. It's being talked about 24/7.

What is it? Why is it so important?

Well, based upon my last three decades of practicing law, let me pull back the curtain and share with you the story about this important privilege.

The Bond of Trust

Once upon a time, in a world filled with secrets, whispers, and clandestine conversations, there was a bond so powerful that it could withstand the force of any storm. This bond, the cornerstone of the legal universe, is known as the attorney-client privilege.

Imagine a world where trust between attorney and client doesn't exist. It's like a one-legged stool: wobbly, unsteady, and bound to topple over. The attorney-client privilege is the invisible glue that holds the stool upright, providing a safe space to sit down, and to have an honest and open communication. It's a magical cloak of confidentiality that fosters an environment where clients can share their deepest truths, without the fear of those truths being exposed.

The purpose of this privilege is as simple as it is profound: to encourage clients to be honest with their attorneys. In turn, this allows the attorney to provide the most effective counsel and representation. A well-informed attorney is an empowered attorney.

However, much like snowflakes, no two legal systems are exactly alike. While the core principle of attorney-client privilege remains the same, nuances in state laws and federal regulations create a fascinating tapestry of legal threads. And it's not just limited to the United States – similar laws exist in different countries, reflecting the universal importance of this sacred bond.

The Crime-Fraud Exception

Now, every story has its villain, and the attorney-client privilege is no exception. Enter the crime-fraud exception – the kryptonite to our privilege's superpowers.

This dark shadow lurking in the corners of the legal world threatens to strip away the protection of the attorney-client privilege. When the crime-fraud exception is in play, the once impenetrable shield crumbles, leaving confidential communications exposed.

But fear not, for the crime-fraud exception is not a lawless beast. It only rears its head under specific conditions. When a client seeks advice to commit or cover up a crime or fraud, the exception applies, and the attorney-client privilege evaporates. This ensures that our legal system isn't misused to protect the wrongdoers and maintain the integrity of justice.

In essence, the attorney-client privilege is a delicate dance between fostering open communication and preserving the sanctity of the law. It's a tale of trust, honesty, and the relentless pursuit of justice. A world without this privilege is a world on shaky ground, where secrets run wild and the truth remains hidden.

So, as you digest all the news about the attorney-client privilege, remember the power of the attorney-client privilege and the sacred bond it creates. Embrace its protection, but tread carefully around the crime-fraud exception. The exception is real and, in the end, exists to protect you.

Reach out with questions.

Mitch Jackson, Esq.

2013 California Litigation Lawyer of the Year

On LinkedIn https://linkedin.com/in/mitchjackson